Marriage of Dyar (2025) & Premarital Agreement Issues. Perhaps more than any other field of law, family law is a field which tends to produce a great deal of futile arguments. If we think about the emotions involved in family law, this fact should not surprise us too much. When a marriage dissolves, this is not at all similar to a commercial contract being breached, or a case of shoddy workmanship, or any other type of legal quagmire; a marriage is supposed to represent a lifelong commitment, it is an extremely powerful emotional connection, and when this sort of relationship breaks down all kinds of complex – and very often, unpleasant – feelings come to the surface. When this happens, parties frequently do things which, in their mind, they almost surely know are not likely to be productive or helpful but which nonetheless are consistent with their current emotional condition.
We can see this issue of futile arguments in the recent case of Dyar v. Dyar (2025). In this case, the wife attempted to raise an argument regarding the premarital agreement, even though the wife’s argument went against the plain language of the agreement. Let’s examine this case in more detail.
Facts of the Case
The couple was married in 2011. Shortly before the marriage occurred, the couple developed a premarital agreement which predetermined property division in the event of a future divorce. Within the premarital agreement, the parties agreed that each party would retain all “separate property”; there was a specific subsection which dealt specifically with the definition of separate property for the purposes of a divorce in this particular case. This definition was given in order to clarify any possible ambiguities regarding the construction of separate property under Colorado law. This definition of separate property (within the agreement) included any “separately titled property,” “property acquired by gift during the marriage,” several other indicators.
Also within the premarital agreement, the parties referenced a property – known as the “Ignacio Home” – and addressed the ownership issues associated with this property. The Ignacio Home was owned as the sole and separate property of the husband, but the husband agreed to grant the wife ownership interests in the home during the course of the marriage. After 10 years of marriage, the wife would own 50% of that Ignacio Home as her separate property.
In 2012, the husband executed a deed which granted the wife joint tenancy in the Ignacio Home; this essentially superseded the premarital agreement, as joint tenancy represents a 50% interest. However, later in 2016, the wife executed another transfer which gave the husband 100% ownership interest in the Ignacio property. After this 2016 transfer, the Ignacio home was titled solely in the husband’s name, which would make it his separate property as consistent with the terms of the premarital agreement. When the couple ultimately divorced, the wife attempted to reclaim her 50% interest in the Ignacio property.
Ruling & Post-Ruling Discussion
The husband was successful at the trial court level in having the Ignacio property determined as his separate property, and then the wife brought the matter to the appellate division. On appeal, the appellate division affirmed the trial court’s determination. As mentioned, in reality, the wife should’ve seen this as a rather pointless attempt to claw back the Ignacio property in the event of the divorce, because the plain language of the premarital agreement clearly supported the husband’s claim. When the wife transferred her interests in 2016, this was obviously a gift within the meaning of that term as used in the premarital agreement. The wife attempted to use several specious arguments to overcome the trial court’s ruling, but these arguments fell flat. The wife should’ve known from the beginning that her 2016 transfer took away the Ignacio property for good.
Contact the Drake Law Firm for Additional Information
Readers who want to learn more about premarital agreements in Colorado, the enforceability of premarital agreements, potential issues with premarital agreements, or any other related family law matter, contact one of the family law attorneys at the Drake Law Firm today by calling 720-637-2181.